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2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations)
Bill 2019
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Member for Mayo, Rebekha Sharkie MP
Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations)
Bill 2019
OUTLINE
The Bill amends the Commonwealth Electoral Act 1918 ("the Act") to provide a more
transparent political donation disclosure regime.
Currently, political parties are only required to provide the Australian Electoral Commission
('the electoral commission') with an annual return which provides details of the donations
received over the disclosure threshold of $13,800.
This Bill amends the Act to require the agent or financial controller of the party, branch or
campaigner to advise the electoral commission of any donation received by the party,
branch or campaigner that meets or exceeds the disclosure threshold.
The notification must occur within 5 business days of receipt of the donation.
The notification must include the identity of the person or entity who made the gift, the
amount of the gift, a description of the gift, the date on which it was received and the name
and address of the party, branch or campaigner that received the gift.
The Bill does not change the disclosure threshold for political donations nor does it seek to
amend the arrangements with respect to elections or by-elections.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
Clause provides for the Bill, once enacted, to be cited as the Commonwealth Amendment
(Real Time Disclosure of Political Donations) Act 2019.
Clause 2: Commencement
Clause provides for the Bill to commence one year after Royal Assent.
Clause 3: Schedules
Schedule 1 - Amendments
Item 1
Item 1 inserts an amended simplified outline clarifying that the electoral commission must
be notified of gifts made to a political party, State branch or political campaigner as soon
as reasonably practicable after the gift is made and no later than five business days after
receipt.
Item 2
Item 2 amends section 302V to include a reference to both an annual return and a notice.
Item 3
Item 3 amends the heading to section 305B to clarify that this provision relates to annual
returns.
Item 4
Item 4 inserts a new section which provides that political parties, State branches and
political campaigners must provide a notice to the electoral commission as soon as
practicable to do so and in any event no later than five working days after receipt of same.
The notice must be in the approved form and must set out the identity of the person or
entity that made the gift, the amount of the gift, a description of the gift, the date on which
the gift was made and the name and address of the registered political party, branch or
campaigner.
A failure to provide the notice results in a penalty of 60 penalty units or an amount that is
three times the value of the donation. This penalty is consistent with other penalties set out
in Division 4 of the Act.
Item 5
Item 5 amends subsection 320(1) to provide for notices provided to the electoral
commission to be published on the Transparency Register as soon as reasonably
practicable after giving the notice.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations)
Bill 2019
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Bill amends the Commonwealth Electoral Act 1918 ("the Act") to provide a more
transparent political donation disclosure regime.
Currently, political parties are only required to provide the Australian Electoral Commission
(AEC) with an annual return which provides details of the donations received over the
disclosure threshold of $13,800.
This Bill amends the Act to require the agent or financial controller of the party, branch or
campaigner to advise the AEC of any donation received by the party, branch or
campaigner that meets or exceeds the disclosure threshold.
The notification must occur within 5 business days of receipt of the donation.
The notification must include the identity of the person or entity who made the gift, the
amount of the gift, a description of the gift, the date on which it was received and the name
and address of the party, branch or campaigner that received the gift.
The Bill does not change the disclosure threshold for political donations nor does it seek to
amend the arrangements with respect to elections or by-elections.
Human rights implications
This Bill may engage the implied right to freedom of political communication by seeking to
strengthen the framework surrounding the disclosure of political donations.
However, it will improve public confidence in our political system by enabling the public to
scrutinise how, if at all, our politicians and the parties the belong to are influenced by
donations.
Conclusion
This Bill is compatible with human rights and freedoms.
Rebekha Sharkie MP